Privacy and Terms of Service
THE FOLLOWING IS THE TERMS OF SERVICE ON WHICH WE OFFER SERVICES. YOU
AUTOMATICALLY ACCEPTED THESE TERMS WHEN YOU STARTED USING Employee Ambassador
OR CLICKED THE "I ACCEPT" OPTION WHEN CREATING/USING AN Employee Ambassador
ACCOUNT or Blog.
Employee Ambassador is a product of Liquid Learning, Inc.
If you do not accept these terms of service or have any questions concerning
them, contact ron@buzzoodle.com. We reserve the right to automatically amend
these terms at any time and we will inform you via email of any changes. You
accept the terms of service by accessing Employee Ambassador after such a
notification.
Employee Ambassador is made up of Blogs and Web pages operated by Employee
Ambassador and its affiliates and of various products and services which are
provided by Employee Ambassador, its affiliates or third party service
providers. These Web sites, Web pages, products and services will be
collectively referred to in this Agreement as "Employee Ambassador." "You"
or “Customer” means You, Your company,
Your employees, and anyone who has access to use Your Employee Ambassador
account. You must be at least eighteen (18) years of age to subscribe to and
use any Employee Ambassador service or product.
- Employee Ambassador has
limits on file storage and bandwidth. See quote for more information or
contact ron@buzzoodle.com for information.
- Payment Terms: You agree to
pay all charges related to your account. All payments for charges will be
made in U.S. Dollars. Monthly and/or Annually charges shall be billed to
Customer’ charge card or Invoiced at the beginning of the annual
period. Any additional services or usage charges will be billed in
arrears. Amounts that are not paid in full within fifteen (15) days of the
billing date will be subject to interest charges of the lesser of one and
one-half percent (1.5%) per month or the highest amount permitted by law,
which interest shall accrue daily. If a Customer does not provide written
notice of a dispute with respect to charges or taxes within six (6) months
of the date of an invoice, such invoice shall be deemed correct and
binding on Customer. In the event Customer fails to pay an invoice within
30 days of invoice date, Employee Ambassador may issue a notice of default
and may discontinue services in the event Customer has not fully paid all
invoices within seven (7) days of the default notice.
- Cancellation Terms: Customers
wishing to discontinue usage of the Employee Ambassador service
must provide a written request via email to ron@buzzoodle.com thirty (30) days prior to the
cancellation date. If Employee Ambassador does not receive a written
notice of cancellation or the Customer does not receive a confirmation of cancellation,
the Customer is responsible for all billing until the cancellation terms
are met.
- UCE/SPAM POLICY: SPAM is
damaging to our business, it degrades the efforts of legitimate marketers,
and it may very well be illegal.
Do not use Email SPAM or content automation techniques in any way
as they may hurt your ranking and image.
- Your Customer Date: All
information on our servers is visible based on your settings and
preferences. You are
responsible for the privacy of your information and information that is
submitted. Employee
Ambassador will not use Customer information for any purpose other than
for the Customer account. . Employee Ambassador will not use Your customer information for the purpose of sending
unsolicited commercial e-mail to such customers. See # 11 on privacy.
- You are responsible for
paying for all taxes, hardware, software and services incurred to access
Employee Ambassador.
- We may add, modify and/or
delete Employee Ambassador services at any time
at our own discretion.
- You are responsible for
obeying all laws applicable to the use of Employee Ambassador and
information dissemination in general.
- We may terminate your
Employee Ambassador account immediately if you breach these Terms of
Service or if we cannot verify or authenticate information you provide to
us. We may also terminate your Employee Ambassador account if we decide,
in our sole discretion, to discontinue offering you our services.
Following termination, we may remove some or all of your content from our
servers or retain it, at our sole option.
- Privacy is important to us.
However, given the current regulatory and technical environment you should
not have an expectation of privacy in your Employee Ambassador account or
any content or information associated with it. For example (without
limiting the foregoing), we may be forced to disclose information to the
government or third parties under certain circumstances, or third parties
may unlawfully intercept your private communications. We cannot ensure
that all private communications or information associated with your
Employee Ambassador Blog will remain private. Blog Information is not
submitted via secure connections.
- You may not interfere with or
disrupt the Employee Ambassador or servers or any network connected to Employee
Ambassador.
- You may not reproduce or
redistribute any software available in the Employee Ambassador tools and site. You may not copy or reproduce the
Software to any other server or location for further reproduction or
redistribution. You may not decompile, disassemble, reverse engineer or
otherwise attempt to discover any trade secret contained in the Employee
Ambassador, or in any product, service or software provided through the
Employee Ambassador.
- WE AND OUR SUPPLIERS PROVIDE
OUR SERVICES AND YOUR Employee Ambassador NEWSLETTER "AS IS" AND
WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. IN NO
EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING
NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR Employee Ambassador
SERVICES OR THESE TERMS OF SERVICE, WITHOUT LIMITATION. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF Employee Ambassador, OR
WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
Employee Ambassador AND ITS RELATED SERVICES AND PRODUCTS. Some states do
not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific legal
rights and you may also have other legal rights which vary from state to
state.
Terms of Service concerning your content:
- You are responsible for all
content displayed on pages within your Employee Ambassador Blogs and
Sites, including content provided by you or by any person that you give
editing permission. It is your responsibility to check and verify the
content before making it public. Employee Ambassador reserves the right to
take any action with respect to your content if we believe it may create
liability for us or may cause us to lose (in whole or in part) the
services of our ISPs or other suppliers.
- The content distributed
through your Employee Ambassador Blog Platform: (a) shall not infringe any
third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; (b) shall not
violate any law, statute, ordinance or regulation (including without
limitation the laws and regulations governing export control, unfair
competition, antidiscrimination or false advertising); (c) shall not be
defamatory, trade libelous, unlawfully threatening or unlawfully
harassing; (d) shall not be obscene, contain pornography of any type, or
contain child pornography; and (e) shall not contain any viruses, trojan horses, worms, time bombs, cancelbots
or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or personal information. You may not take any action which
imposes an unreasonable or disproportionately large load on our
infrastructure.
- Links within the Employee
Ambassador service may let You leave the Employee
Ambassador site. You acknowledge that the linked sites are not under the
control of Employee Ambassador and that Employee Ambassador is not
responsible for the contents or operation of such linked sites or any link
contained in such linked site, any changes or updates to such sites, or
Web casting or any other form of transmission received from any linked
site. You may not link to external sites that break the content terms of
service requirements. Employee Ambassador is providing these links to You only as a convenience, and the inclusion of any
link does not imply endorsement by Employee Ambassador of the linked site
or any association with their operators.
- For the purposes of
displaying your Employee Ambassador Blog on the Internet (at your private
URL), you grant to us the right to exercise appropriate intellectual
property rights with respect to any content you place on your Employee
Ambassador Newsletter and Site.
- You may not use content
hosted by Employee Ambassador with any blogging provider unless prior
written permission has been obtained.
- Software is built on a
customized version of Wordpress. This software is very stable and
widely used in the community.
We cannot guarantee particular performance for the software.
- The Employee Ambassador
Install of Wordpress is highly customized to be
automated and get better SEO results.
The customization is proprietary can may not be transferred to
another Wordpress host.
- Client owns all data they
create and may export it via RSS feeds at any time.
- Hosting does not include high
bandwidth video or other multimedia beyond images.
When using Employee Ambassador you may NOT:
- Publish, post, distribute,
advertise, disseminate or link to any: (i)
content, site, name, topic, material or information which is
inappropriate, profane, defamatory, libelous, slanderous, infringing,
obscene, indecent, or which contains nudity or adult content; (ii)
software, content or other material protected by intellectual property
laws, copyright licenses, rights of privacy or publicity, or other
proprietary rights, unless You own, or control such rights or have
received all necessary consents for Your publication, distribution, or
linking of such software and other materials; (iii) software, content or
other material that contains viruses, worms, corrupted files, cracks or
that may or are intended to damage the operation of or render inoperable
another's computer, hardware, software, security measures or system or
other programs written to defeat the security measures of any computer,
system or programs; (iv) software, content, other material or Web site that
constitutes "hate speech", whether directed at an individual or
a group, and whether based upon the race, sex, creed, national origin,
religious affiliation, sexual orientation or language of such individual
or group;
- Sell, offer to sell,
distribute, promote, disseminate, facilitate or link to any sites for
marketing, sales, promotion, facilitation or distribution of: firearms;
explosives; ammunition; liquor; tobacco products; illegal gambling
(including gambling in connection with sporting events); food that is not
packaged or does not comply with all applicable laws for sale to consumers
by commercial merchants; illicit drugs, pharmaceuticals and controlled
substances; counterfeit, pirated or stolen goods; any goods or services
that infringe or otherwise violate a third party's rights including
copyright, patent, trademark, or rights of publicity or privacy; goods
that are considered indecent, obscene or pornographic; Nazi memorabilia;
registered or unregistered securities; goods or services that You cannot
legally sell; goods which are misrepresented or which do not in fact
exist; fraudulent goods; goods or activities that if sold via any Employee
Ambassador services or Your Web site would cause Employee Ambassador to
violate any law, statute or regulation; or any other illegal activity;
- Harvest or otherwise gather
information about third parties, including e-mail addresses, without the
express consent of such third parties.
- Violate any applicable
government laws or regulations.
General Terms of Service
- These Terms of Service shall
be governed in all respects by the laws of the State of Ohio
as such laws are applied to agreements entered into and to be performed
entirely within Ohio between Ohio residents.
Both parties submit to jurisdiction in Ohio
and further agree that any cause of action arising under these Terms of
Service shall be brought in a court in Akron, Ohio.
We do not guarantee continuous, uninterrupted or secure service, and we
are not liable if you are unable to access your Employee Ambassador
account or our services. If any provision of these Terms of Service is
held to be invalid or unenforceable, such provision shall be struck and
the remaining provisions shall be enforced. Our failure to act with
respect to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. You may not assign or transfer
these Terms of Service or your rights in your Employee Ambassador account,
and any attempt to the contrary is void. These Terms of Service sets forth
the entire understanding and agreement between us with respect to the
subject matter hereof.
- The services hereunder are
offered either originally or through private label as Employee Ambassador
by Liquid Learning, Inc., located at PO Box 295., Kent, OH 44240.
Fees for services are described in the product information section of our
website.
- Client acknowledges that
Employee Ambassador is an organic search engine strategy and no one can
guarantee specific results from search engines as how
search engines rank pages is out of our control. Factors that may influence search
ranking include 1) Keyword Competition 2) Writing 3) Page Optimization 4)Any number of other factors that search engine
companies deem appropriate.
Client understands that performance will vary.
Hosting Service Level
Agreement (“SLA”)
- Employee Ambassador hosts all
sites in state of the art data centers. Our providers guarantee hosting to
99% or more. Because the data
center is not in our control, we cannot guarantee uptime. Uptime includes the functioning of
all network infrastructure within Employee Ambassador’s datacenter
facilities, the web server, database server servers, email server, and the
software that is run on those servers (collectively, the “Service
Provider Network”). Downtime exists when Client is unable to visit
the website or login in to the web application as a result of a failure of
the Service Provider Network. This Service Level Agreement does not cover
Client’s connection to the Internet or any systems or software
outside of the Service Provider Network.
- If for some reason the
Hosting Service does not meet your standards, Client may request a refund
in the amount of 5% of their monthly fee for each 30 minutes of continuous
downtime (up to 50% of Client’s monthly fee). Alternatively, if no
single period of downtime was 30 minutes or greater, Client may request a
refund equal to the percentage of downtime during the affected month
multiplied by Client’s monthly service fee. In either case, such
refund will be Client’s sole remedy for the failure of Service
Provider to maintain 99% uptime during a given month.